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Madras High CourtWP/25329/2014dismissed

Gaurav Antiwal, C.T.062304180 v. The Union Of India,

2021-03-03Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.03.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.25329 of 2014 And M.P.No.1 of 2014 Gaurav Antiwal ... Petitioner Vs.

1.The Union of India, Rep. by its Secretary to Government, Ministry of Home Affairs, New Delhi.

2.The Director, Raja Ramanna Centre for Advanced Technology, Indore - 452 023 Madhya Pradesh.

3.The Assistant Personal Officer, Raja Ramanna Centre for Advanced Technology, Indore - 452 023 Madhya Pradesh.

4.The Assistant Personal Officer, Personal Division, Bhabha Atomic Research Centre, Recruitment Section - 3, Central Complex, Trombay, Mumbai - 400085.

5.The Commandant, Central Industrial Security Force Unit, 4th NDRF, Arakkonam, Vellore District.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned notice issued by the third respondent PD/5(1)/2012/R-III/2013/13737 dated November 28th, 2013 and quash the same and to direct the respondents to pass orders on the representations dated 11.12.2013 and 01.08.2014 by

issuing appointment order for the post of ASO (A) in Raja Ramanna Centre for Advanced Technology, Indore, to the petitioner.

For Petitioner : Mr.R.Thiyagarajan For Respondents: Mr.Venkatasamy Babu for R1 SPCGOI Mr.S.Haja Mohideen Gisti for R2 to R5

O R D E R

The petitioner has filed this writ petition seeking to quash the notice passed by the third respondent dated 28.11.2013 and to direct the respondents to pass orders on his representations dated 11.12.2013 and 01.08.2014.

2.The case of the petitioner is that he joined as Constable on 11.02.2006 in the Central Industrial Security Force and had served all over India. While he was working at Chattishgarh, the first respondent called for applications for the post of Assistant Security Officer (A) during September, 2012. The petitioner applied for the same. He also appeared for the physical event, written test and interview and was also selected, however, no appointment order was issued, instead, the third respondent issued the impugned notice. Challenging the same, this writ petition has been filed.

3.The learned counsel appearing for the petitioner submitted that the form actually submitted to the Authorities by the petitioner with all the details required to be placed and nowhere the details with regard to the previous employment etc., were to be placed by the petitioner since he continues to be in service. Further, after some submissions, the learned counsel confines his prayer for disposal of the representations dated 11.12.2013 and 01.08.2014, which were submitted by the petitioner, pursuant to the impugned notice dated 28.11.2013. The learned counsel also prayed to permit the petitioner to place his explanation to the respondents.

4.In such view of the matter, the petitioner is permitted to place his explanation with any other materials before the respondents, within a period of two weeks from the date of receipt of a copy of this order. If any such explanation is furnished by the petitioner, the respondents shall consider the same and are further directed to consider the online form submitted by the petitioner as well as the attestation form submitted on 02.02.2013 and pass appropriate orders, on merits and in accordance with law, within a period of six weeks thereafter.

5.With the above directions, the writ petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar pri To 1.The Secretary to Government, Ministry of Home Affairs, New Delhi.

2.The Director, Raja Ramanna Centre for Advanced Technology, Indore - 452 023 Madhya Pradesh.

3.The Assistant Personal Officer, Raja Ramanna Centre for Advanced Technology, Indore - 452 023 Madhya Pradesh.

4.The Assistant Personal Officer, Personal Division, Bhabha Atomic Research Centre, Recruitment Section - 3, Central Complex, Trombay, Mumbai - 400085.

5.The Commandant, Central Industrial Security Force Unit, 4th NDRF, Arakkonam, Vellore District.

+1cc to Mr.Venkataswamy Babu, Advocate Sr.13072 +1cc to Mr.R.Thiyagarajan, Advocate Sr.13339 W.P.No.25329 of 2014 And M.P.No.1 of 2014 ssd[co] srg 06/07/2021